What are the Procedures for Formation of LLP in India
What are the Procedures for Formation of LLP in India
The Ministry of Corporate Affairs (MCA) has made major amendments to the LLP incorporation procedure vide notification dated 18th September, 2018 by introducing a revamped LLP-RUN service (similar to RUN services for Company Incorporation) for Reservation of Name for proposed LLP. Apart from this, MCA has also introduced e-form FiLLiP for registration of LLP.
All the Designated Partners are required to obtain Digital Signature Certificate (DSC) from government recognized certifying agencies and upload the same on MCA website along with scanned copies of Form 9 and passport size photographs. This requirement is because all documents filed online through e-forms in Limited Liability Partnership incorporation are digitally processed and hence, the same requires DSC of all DPs.
It is important for a new LLP to have a legally permissible name. It must end with "Limited Liability Partnership" or LLP and should not contain any words which are prohibited by the Emblems Act. It is important to check whether a name is available for LLP incorporation by conducting a free name search on MCA portal.
After the approval of the proposed LLP name by the Registrar, an e-form LLP-3 is filed by submitting all the required details like capital contribution of each partner, address proof, Incorporation Certificate, DIN number of all DPs and a statement of consent to act as a partner. All LLPs are also required to file an LLP Agreement within 30 days of obtaining their incorporation certificate. This is an essential document which outlines the rights, duties and liabilities of the partners.
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